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(영문) 서울중앙지방법원 2018.02.09 2017가단6205
채무부존재확인
Text

1. On October 26, 2016, the Plaintiff (Counterclaim Defendant)’s termination of the attached list contract against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff entered into a license insurance contract between the Ministry of Foreign Affairs and the non-party D Co., Ltd. (hereinafter referred to as “D”) with a company that engages in soliciting and arranging emigrants, setting the insurance period from March 30, 2015 to March 29, 2018.

B. On December 10, 2014, the Plaintiff entered into a contract with the Defendant for the arrangement of employment immigration to the Defendant as a factory E in the U.S., and the Defendant entered into a contract for the arrangement of employment immigration to pay USD 21,000 to the Plaintiff with the fees for the arrangement of overseas employment (hereinafter “instant contract”), and paid USD 7,000 with the first fee for the arrangement of overseas employment. The main contents of the instant contract are as follows.

(B) In the following contract, “A” and “B” refer to the Defendant: (a) Article 2 / [the duties of “A”]

1. 1) Advice, consultation, and mediation of immigration procedures; 2) Review of the applications for permission of immigration and submission to the Government of the United States of America; 3) All measures to acquire immigration visa from the Embassy of the United States of America to the Republic of Korea, such as local lawyers and cooperation, until the Government of the United States of America delivers the written approval of immigration to the applicant;

2. Article 3 [Duties of “B”] of the U.S. Embassy Notation Notice in Korea 1) 2) Guidance for the issuance of residence passport 3) Guidance for the issuance of residence passport 4) 4) 3.

1. Preparation and submission of immigration-related documents;

2. Payment of the fixed amount of fees for arranging emigration from home and abroad within the fixed period;

3. Livelihood centering on the business before the issuance of non-resident visa;

4. Article 4 of the Prohibition on Voluntary Provision of Personal Information related to immigration control to a third party / [Fees]

1. Domestic brokerage commission: Exemption;

2. Overseas brokerage commission: USD 21,000.

3. When the first contract is made for the payment of fees: USD 7,000: USD 7,000 at the time of acquiring the second labor permission: USD 7,000 at the time of obtaining the approval for the third immigration: USD 5 [Refund of fees].

1. The domestic speed of royalties shall be within seven days after a contract is concluded;

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